Notes on 23 U.S.C. § 323 : US Code - Notes

Search Notes on 23 U.S.C. § 323 : US Code - Notes

(Added Pub. L. 93-87, title I, Sec. 145(a), Aug. 13, 1973, 87 Stat.
273; amended Pub. L. 93-643, Sec. 112, Jan. 4, 1975, 88 Stat. 2285;
Pub. L. 100-17, title I, Sec. 146(a), Apr. 2, 1987, 101 Stat. 179;
Pub. L. 104-59, title III, Sec. 322, Nov. 28, 1995, 109 Stat. 591;
Pub. L. 105-178, title I, Secs. 1212(a)(2)(A)(i), 1301(b)-(d)(1),
June 9, 1998, 112 Stat. 193, 225, 226; Pub. L. 109-59, title I,
Sec. 1902, Aug. 10, 2005, 119 Stat. 1464.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
AMENDMENTS
2005 - Subsec. (c). Pub. L. 109-59, Sec. 1902(1), inserted ", or
a local government from offering to donate funds, materials, or
services performed by local government employees," before "in
connection with a project".
Subsec. (e). Pub. L. 109-59, Sec. 1902(2), struck out heading and
text of subsec. (e). Text read as follows: "A contribution by a
unit of local government of real property, funds, or material in
connection with a project eligible for assistance under this title
shall be credited against the State share of the project at the
fair market value of the real property, funds, or material."
1998 - Pub. L. 105-178, Sec. 1301(d)(1), substituted "Donations
and credits" for "Donations" in section catchline.
Subsec. (b). Pub. L. 105-178, Sec. 1301(b)(1), substituted
"Acquired" for "Donated" in heading.
Subsec. (b)(1), (2). Pub. L. 105-178, Sec. 1301(b)(2), added
pars. (1) and (2) and struck out former pars. (1) and (2) which
read as follows:
"(1) General rule. - Notwithstanding any provision of this title,
the State matching share for a project with respect to which
Federal assistance is provided out of the Highway Trust Fund (other
than the Mass Transit Account) may be credited by the fair market
value of land incorporated into the project and lawfully donated to
the State after the date of the enactment of this subsection.
"(2) Establishment of fair market value. - The fair market value
of the donated land shall be established as determined by the
Secretary. Fair market value shall not include increases and
decreases in the value of donated property caused by the project.
For purposes of this subsection, the fair market value of donated
land shall be established as of the date the donation becomes
effective or when equitable title to the land vests in the State,
whichever is earlier."
Subsec. (b)(3). Pub. L. 105-178, Sec. 1301(b)(3), substituted
"agency of the Federal Government" for "agency of a Federal, State,
or local government".
Subsec. (b)(4). Pub. L. 105-178, Sec. 1301(b)(4), struck out "to
which the donation is applied" before period at end.
Subsec. (c). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
"State transportation department" for "State highway department".
Subsec. (e). Pub. L. 105-178, Sec. 1301(c), added subsec. (e).
1995 - Subsecs. (c), (d). Pub. L. 104-59 added subsec. (c) and
redesignated former subsec. (c) as (d).
1987 - Pub. L. 100-17 designated existing provisions as subsec.
(a), inserted heading, and added subsecs. (b) and (c).
1975 - Pub. L. 93-643 substituted "after he has been fully
informed of his right to receive just compensation for the
acquisition of his property" for "after he has been tendered the
full amount of the estimated just compensation as established by an
approved appraisal of the fair market value of the subject real
property".